Declaration of Restrictions
January 20, 2022
The original Declaration of Restrictions as documented by R.C. Peoples. Use the button below to download the entire document, or read its final contents in the sections below.
NOTE:The original Declaration of Restrictions contained errors which were corrected in the First Amendment to the Declaration of Restrictions. The amendment is found at the very end of the downloadable document.
Section 1
Private Residences
Each Lot in the Property shall be used for private residential purposes only and no buildings of any kind except private dwelling units shall erected or maintained on any Lot.
Section 2
Trailers, Mobile Homes, etc.
No temporary structure, including trailers and mobile homes, shall be permitted or maintained on any Lot.
Section 3
Animals and Pets
No animals of any kind other than usual household pets shall be kept or maintained on any part or portion of any Lot, and no horses, cows, goats, hogs, poultry, pigeons, or similar animals shall be kept on any part or portion of any Lot. Breeding of domestic animals of any kind on any part or portion of any Lot or in any building or structure thereon, is expressly prohibited. Outbuildings, such as dog houses, rabbit hutches and similar structures shall be constructed of wood, of high quality craftmanship, be no more than four (4) feet in height, and have a floor area no greateer than twelve (12) square feet. In any event, no such outbuildings shall be erected or maintained upon any Lot until the required approvals have been obtained in accordance with Section 19 herein.
Section 4
Vegetable Gardens
No vegetable gardens shall be kept or maintained on the front yards or side yards of any Lot.
Section 5
Television and Radio Antennas, Satellite Dishes and Exterior Mechanical Devices, Etc.
No television antennas, radio antennas, satellite dishes, television or radio receiving or transmitting devices, solar energy panels or any other exterior mechanical devices shall be installed, constructed, placed or maintained on any Lot, except that the same may be installed, constructed, placed and/or maintained if it is confined within the interior of the dwelling unit; provided, however, that one satellite dish, no larger than twenty-four inches (24") in diameter and no taller than four feet (4') in height, may be erected or mounted on the rear of the dwelling unit or in the rear yard of the Lot. Exterior Christmas lights and/or ornaments shall be permitted, provided that such lights are removed no later than January 30th of any year.
Section 6
Trash Receptacles
Trash receptacles shall be kept in clean, sanitary and enclosed areas, hidden from view, except that they may be placed temporarily at street side on the regular day of collection if required by the collection agency.
Section 7
Prohibited Vehicles
No trucks, buses, travel trailers, boat trailers, boats, utility trailers, commercial vans, tractors, campers or verhicles immobilized for any reason, shall be kept or maintained on any street, Lot or driveway, except that pick-up trucks up to and including three-quarter (3/4) ton and enclosed vans and sport utility vehicles up to 10,000 pounds G.V.W shall per permitted, provided they do not exceed a height of seven (7) feet.
Section 8
Signs
No signs of any nature whatsoever shall be erected, placed or maintained on any Lot, except that a single real estate "For Sale" sign may be so placed or maintained, but must be removed within five (5) days after a non-contingency contract for sale and purchase for such Lot has been signed by all parties thereto.
Section 9
Fences
No enclosing or non-enclosing fence or barrier (hereinafter the "fence") shall be erected on any Lot closer to the front street line than the rear-most wall of the principal building on said Lot. No fences shall be of a height of more than four (4) feet to the top of the upper rail and all such fences shall be of split rail design, with not more and not less than three (3) rails, and constructed only of wood. Such wood may be left untreated to weather naturally or stained to a wood tone finish, but may not be stained any other color and may not be painted. No such fences shall be constructed or maintained upon any Lot until the plans for the same have been approved by the Declarant, in accordance with the provisions of Section 19 herein.
Section 10
Swimming Pools
No above-ground swimming pools shall be constructed or maintained on any Lot, except that children's wading pools not exceeding two (2) feet in height shall be permitted.
Section 11
Trees, Shrubs, and Landscaping
Any and all trees, shrubs and/or landscaping planted or provided by the Declarant, its successors or assigns, must remain undisturbed for a period of ten (10) years, except for ordinary maintenance, feeding and disease control.
Section 12
Yards
No statues, sculptures, painted trees, ornaments, or replicas of animals or other like objects may be affixed to or placed on any Lot or building
Section 13
Trampolines
No trampolines of any kind whatsoever shall be erected or maintained on any Lot.
Section 14
Clothes Lines
No permanent outside clothes lines or clothes line posts shall be erected or maintained on any Lot, except that portable outside clothes lines are permitted, provided same are utilized for clothes during daylight hours only.
Section 15
Right-of-Ways
No structures, improvements, or equipment, of any nature, including rocks, trees, etc., except for standard mail boxes, shall be constructed or installed within the right-of-ways of the subdivision streets. The owner of each Lot shall be responsible for maintaining the areas between the boundary of the Lot and the actual paved area of right-of-ways.
Section 16
Outbuildings
No outbuildings, sheds, garages, enclosed outdoor storage facilities, or other similar structures shall be erected, placed or maintained on any Lot unless such structures are:
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constructed of material other than metal
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are located only in the rear yard of any Lot;
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do not exceed the aggregate size of one hundred twenty (120) square feet;
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do not exceed eight (8) feet above ground level;
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are built in accordance with plans, specifications and illustrations approved by Declarants or their successors or assigns pursuant to Section 19 of this Declaration; and
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if such structures are outbuildings for animals or pets, such as dog houses, rabbit hutches and similar structures, such structures shall also comply with the requirements of Section 3 of this Declaration.
Section 17
Basketball Goals
No basketball goals shall be erected, placed or maintained on any Lot at any time, except for
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a maximum of one permanently installed goal located in the rear driveway of each Lot, or
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temporary basketball goals that are removed within forty-right (48) hours after being placed on the Lot to an indoor storage location, and that are not placed outside again for at least another forty-eight (48) hours.
Not withstanding the foregoing, in no event shall any temporary basketball goals be placed at any time within the right-of-ways of the subdivision streets.
Section 18
Easements
Easements and rights-of-way are hereby reserved on, over, under and along each Lot for poles, wires, conduits, pipes, for lighting, heating, gas, electricity, telephone, and any other public or quasi-public utility service purposes, for drainage, and for sewers and pipes of various kinds, all of which shall be confined, as practicable, ten (10) feet from the front and rear property lines of ecah Lot and seven (7) feet from the side lines of each Lot, together with the right of access thereto for the purpose of further construction and/or repair. A twenty (20) foot wide easement, ten (10) feet on each side of the centerline, of each pipe, structure, line or swale, shall be created, wherever possible, where a sanitary sewer or storm sewer exists. No building or other permanent structure shall be erected or maintained on any part of any area herein reserved as an easement and/or right-of-way.
Section 19
Review of Plans
Notwithstanding anything contained herein to the contrary, no outbuildings, buildings, structures of a temporary or permanent nature, swimming pools, fences or other construction or improvements shall be constructed, erected or placed upon any Lot, nor shall any exterior addition to or change or alteration thereof, including but not limited to exterior facade, color change, and/or change in grade or drainage be made until the plans and specifications, with illustrations, showing the nature, kind, shape, color, height materials and proposed location of same, shall have been submitted to and approved in writing by the Declarant. The Declarant, its successors or assigns, in connection with the review of said plances, specifications and illustrations, shall have the right to approve or disapprove any such matters which in its opinion are not suitable or desirable to the community. In passing upon such plans and specifications, Declarant or its successors or assigns shall consider the following factors:
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The quality, aesthetic suitability, nature, kind, and shape of the proposed building or other structure;
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The color, height and materials of which it is to be constructed;
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The specific site upon which it is proposed to construct or erect the same;
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The harmony of the proposed change, alteration, addition, building or structure with structures on neighboring properties and the outlook and view from the neighboring properties.
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The effect on the reasonable passage of light and air to the neighboring properties.
For purposes of this Declaration, the Declarants shall have the sole and exclusive right to determine when lot lines and/or street lines shall be "front" or "side" lines.